Priceline Pty Ltd v FNS (Wholesale) Pty Limited

Priceline Pty Ltd (the removal applicant) sought to remove FNS (Wholesale) Pty Limited's (the opponent) registered trade mark. The dispute concerned whether Priceline had standing as a "person aggrieved" under subsection 92(1) of the relevant Act to challenge the trade mark's registration.

The primary legal issue before the court was whether Priceline had provided sufficient evidence to establish its standing as a person aggrieved. The opponent argued that a mere assertion of being aggrieved was insufficient and that Priceline was required to adduce evidence to substantiate this claim.

The court considered the evidentiary requirements for establishing standing under subsection 92(1). It was necessary to determine the threshold of proof required to demonstrate that Priceline was indeed a person aggrieved by the registration of the trade mark.